Garcia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 DAVID GARCIA, Case No. 20-cv-04167-WHO (PR)

Petitioner,

ORDER GRANTING

v. RESPONDENT’S MOTION TO

DISMISS

P. CAVALLO, Dkt. No. 14 Respondent.

16 INTRODUCTION Petitioner David Garcia seeks federal habeas relief from his California state convictions. His petition for such relief is untimely, as pointed out in respondent’s unopposed motion to dismiss. Garcia had until July 6, 2012 to file a timely federal habeas petition. He did not file his initial federal petition until 2020 and he did not file his amended petition until 2022. He is not entitled to any statutory tolling because his state habeas petitions were filed after the July 6, 2012 deadline. Also, because Garcia has not responded to the motion, he has not contended or offered support for a contention that he is entitled to equitable tolling. Furthermore, his claim of actual innocence is not supported by new reliable evidence. The…